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1st Session, 41st Legislature

This HTML version is provided for ease of use and is based on the bilingual version that was distributed in the Legislature after First Reading.

Bill 210

THE COURT OF QUEEN'S BENCH SMALL CLAIMS PRACTICES AMENDMENT ACT


  Bilingual version (PDF) Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. C285 amended

1

The Court of Queen's Bench Small Claims Practices Act is amended by this Act.

2

Subsection 1(1) is amended by adding the following definition:

"claim limit" means $10,000 or any greater amount prescribed by regulation; (« plafond »)

3(1)

Clause 3(1)(a) is replaced with the following:

(a) for an amount of money not exceeding the claim limit;

3(2)

The following is added after subsection 3(1):

Monetary claim may include general damages

3(1.1)

A claim under clause (1)(a) may include, within the claim limit, an amount for general damages not exceeding $2,000 or any greater amount prescribed by regulation.

4

Section 4 is amended

(a) in the section heading, by striking out "$10,000" and substituting "claim limit"; and

(b) by striking out "not exceeding $10,000." and substituting "not exceeding the claim limit".

5

Subsection 5(1) is amended

(a) in the section heading, by striking out "$10,000" and substituting "claim limit"; and

(b) by striking out "exceeding $10,000." and substituting "exceeding the claim limit".

6

Subsection 12(10) is amended by striking out everything after clause (b).

7

Section 24 is amended

(a) by renumbering clause (a) as clause (a.1) and adding the following before clause (a.1):

(a) prescribing a greater amount for the purpose of the definition "claim limit" in subsection 1(1);

(b) by adding the following after clause (a.1):

(a.2) prescribing a greater amount for general damages for the purpose of subsection 3(1.1);

Coming into force

8

This Act comes into force on the day it receives royal assent.

Explanatory Note

This Bill amends The Court of Queen's Bench Small Claims Practices Act.

Under current law, a person may file a small claim in the Court of Queen's Bench if the amount claimed is $10,000 or less. This Bill allows that amount to be increased by regulation.

Within the $10,000 limit, a person may include a claim for general damages of no more than $2,000. This Bill allows that amount to be increased by regulation.